Restraints under section 103 of the Austrian Prison Act: concrete risk, less restrictive measures, duration and legal protection.
Mag. Christopher Angerer, Rechtsanwalt
Your lawyer for detention and deprivation of liberty
When someone is in custody, every hour counts. One lawyer who accompanies you personally, from the detention review hearing to release.
Restraints in prison are not an ordinary disciplinary sanction. They serve to prevent a concrete risk and may go no further than absolutely necessary.
This article explains section 103, less restrictive measures, medical care and preparing an appeal.
Restraints are a special security measure. The concrete risk, less restrictive measures and duration are decisive.
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Identify whether the issue is the order, continuation or legal protection.
Section 103 permits a special security measure where there is a concrete risk of escape, violence, self-harm or another significant threat to security or order. General assumptions are not enough.
Continuation must be measured against the scale and continuation of the risk. Calming, medical findings or another security measure may change the assessment.
Secure the measure, occasion, duration and service. The precise legal classification, reasons and review of continuation matter.
Section 103 assigns special security measures a protective purpose. The authority must identify the concrete risk and explain why restraint is necessary.
The statutory risks include escape, violence, suicide or self-harm and another significant risk to security or order.
A restraint does not automatically follow from every incident. Before ordering and continuing it, the authority must consider whether another security measure is sufficient.
Time, duration, complaints, injuries, medical contacts and changes in the reason make the measure reviewable.
Explain when the measure was ordered, which risk was stated, which alternatives existed and why continuation was disproportionate.
Secure the decision, notes, medical records and witness information.
Risk, means and duration must be reviewed separately.
| Point | What matters | Records |
|---|---|---|
| Risk Concrete occasion, not general assumption | Order, report, record | |
| Means Restraint rather than another measure | Reasons and custody plan | |
| Duration Continuation only while necessary | Reviews, records, times | |
| Legal protection Specific legal violation | Decision and service |
Section 103 is the central legal basis for special security measures.
Important: A restraint serves to secure a concrete risk and must not be used as additional punishment.
When a concrete and significant risk exists and the measure is necessary.
Yes. Continuation depends on the risk continuing.
No. They are special security measures under section 103.
The order, occasion, duration, reviews, records and alternatives.
When liberty is at stake, every hour counts. Call us directly or send an email, callback within one business day. In urgent cases, we are also available outside office hours.
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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg
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